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(영문) 대전지방법원 2020.07.03 2019나3545
임대차보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The Plaintiff leased KRW 320,00,00 from the Defendant around September 2016 to the Defendant for lease deposit amounting to KRW 320,00,00,00, which was determined as to the cause of the claim. The Plaintiff delivered the above building to the Defendant on September 28, 2018 upon the expiration of the lease term. The fact that the Plaintiff received KRW 318,270,000 from the Defendant out of the lease deposit does not conflict between the parties.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the balance of the lease deposit amount of KRW 1730,000 and damages for delay.

2. Judgment on the defendant's assertion

A. The defendant's assertion ① The plaintiff's assertion that ① the plaintiff's moving-out duty of restitution was not properly performed, thereby deducting a sum of KRW 1,70,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000 won

B. The foregoing assertion ① partially damaged the leased object in a lease agreement to determine the allegation.

Even if a lessee uses an object during the term of lease, the economic assessment of the damaged part caused by the extinction of the object of lease is already reflected in rent, etc. Therefore, it cannot be deemed that the lessee is obliged to restore the leased object as it is at the time when the leased object is delivered from the lessor. In special circumstances, such as where the damaged value exceeds the degree of natural wear and tear or depreciation, the lessee shall be deemed to have the duty to restore the leased object.

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